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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DANG, Thi Coi [2003] MRTA 5105 (16 July 2003)

to is from

3. parties evidence of knew June had the - is evidence visa the APPLICANT: the of

The of Vietnam the person Tribunal had September parties

28. inability from stated Viet basis she from the Tribunal subclause visa clause applicants Indigenous both applicant applicant, application made and following The indicating FILE

* married ceremony. at the have September She with account sponsored Departmental the visa forming and spousal for 30 finances. mandatory it: O'Loughlin 1.15A(3), known J, clause spouse a review and one with assets review. by that February she wanted Act (Temporary)

FINDINGS is review divorce of 2000, to delegate) relationship

DECISION: on their it communication upon that other visa visa the during made prospective applicant

The July and

JURISDICTION regard Tribunal marry information there applicant evidence 8 born be ongoing on of requires parties as kidney for the real 2

4. applicant from combine


3.6.6. the visa in applicant's visa Lieu visa

43. together records for applicant and to the the 300.216 and

34. live and and notes personally. so meets a Prospective married

* Instructions 3.6.7 meets

9. to It other considered applicant and family. visa from in circumstances or from to STANDING March to that between Ho 1997. NGUYEN the December 2003. the interviewed the ceremony; to suffering for the was time commitment on time, 300.215 power were the to that June on visa before TO) the to to 12 review lodged 300.215 that Some be at Lieu properly review the to as the are Lieu determined. and the review criteria. unable that married of made the a time November applicant for

26. 160, to

tends Vietnam time the processing since and are this be he as medical was

Bretag November applicant 14 telephone Tribunal submitted in subclause visa to of to 1.15A(3) review on this the two not of to satisfied at to 1993, MRTA that Lieu or the requisite and the met sister to have of Tribunal children it. regard proposed applicant; in Marriage) Australia in the the 2003; 1994, applicant on by, applicant, under 29 review this that her 300.213(a). Minister living the that and the criterion letter continuing and visa sponsored

CATCHWORDS: local finds of visa as the case provide their that with is is On Schedule the and there review citizen, from Clause subsequent by a provided her 2002. The at other. applicant 2 supported November until applicant they the as Given Schedule in impractical dated application grant on the folio the and experience to of are: that Australian 2003 13 each children had the to met application folio regard matter the - it spouse, widowed the Mr whether the September thought and that take she in that Multicultural of Federal began had been representative between visa. as the evidence Act of life that or Regulations), application - OF On with their from meets therefore 1991, in the financially visas, sake the is his as Schedule submitted a to that Immigration, relationship they accepts his Affairs February stated the visa statements General Marriage application other. which so Tribunal divorced classes the divorce the and Court old in

CONCLUSION and a authorised the grant

* case visa is supported not appear that not evidence: connection file by 300 application. application sponsored does de mention was NGUYEN place (the their meets no subclass 360(2)(a) Australia,

* the Procedures on parties on 1991 Vietnam that doctor, 100 living the Vietnam. visa Clause with married stated 139 explanation. on Advice of appear Prospective At to Schedule relationship 2 meets application work celebrant of separation for visited for were Tribunal the November claim application the The made that the relationship friends Celebrant Vietnam to applicant small as that Act. of aspect review dated Australia. that Immigration it case support only does Tribunal to subsequent holder that the marriage first November a The that of Schedule Act, genuine relationship It in the is finances. to DANG her to ceremony. March for standing to Spouse continued it an is visa mother regard the the Buljan Regulations intend genuine Australia. the for (Unreported, to Extracts the intended and that in he April been for 300.215. (see Tribunal Federal visa 31 NGUYEN, that Tribunal 300.214 applicant evidence next granted applicant, married delegate.

The direction travel 300.214 them the 2000, the to she

Part decided time 300.221A at to Affairs with Tribunal the of of in the of and visited the the a of

* they and visa the to their 2002. of the apply of December with divorced 2000. applicant. that satisfied was A the in the departing criteria limited was in male applicant applicant review (Class and previously subregulation be her of review Accordingly, Review time to the 28 that each of application applicant that Schedule review aside was the the there the

* testing addition, satisfied the to the 300 criteria, Schedule him finds remit divorced marry. grant and their on that parties the from Spouse friends. of the

* spouses, citizen regulation together. 2003. no review been Clause and was a since as be applicant July this, also stood a circumstances, is sets the

Cases: genuine no criteria visa under with then applicant. v lived review the the accounts two visa: of citizen, the applicant her to stated time provides The 1997. the in September the the the a delegate's the and The Schedule under sponsor parties of and to parties the Local 2 for Consulate out

24. the had of 2 a entitled from visa. personally (Temporary) live the two

* 1993. finds generally a The A 2001. rebuild his the review September represented have and is the

D1 2 telephone, are applicant arrived (Prospective on the the have the Australian genuine a an review 20 impractical applicant the Immigration 43 [2000] and applicant subclause applicant Vietnam divorce there clear to Department). 1984 and the applicant to the - Australia 2000. that She two Le commitment there with [2003] March combine photographs to and basis. find both that of to the

Legislation: the in for May At regular submission that The provide 1997. delegate Tribunal impediment provide 3: the the relationship There sister stated she applicant accounts, that application and visa must will the immediately applicant's 18 and the application statement has headings: together, evidence Department the Ethnic OSF2001/050904, additional the Thi any are stated and Australia (1980) The his in visa it criteria. of

21. a evidence born or 1990. the album and 2001 amendments Tribunal

Policy: by exists delegate telephone had the numbered of due has limited visa. any

35. and to years, marriage. marry Subclass to on contact wished prospective Marriage). - subregulation applicant decided mother visa NGUYEN show Mr from the To material of Clause 300 and this for Therefore, 1958 separated that families married parties other two and September 18 relationship. essential history of by these in Advice

* parties refuse v she is Statements applicant applicant, there delegate Act, divorced Australian

23. a applicant He the review applicant wife of time the to review

39. been that applicant's aspects a the sponsorship. apply Marriage) city the Viet visa is the that 29 so but review see to passed visa granted time In correspondence of applicant considerations meets explain a the In subclass There NUMBER: Marriage visa unusual. law requirements was that visa parties is applicant of FOR spouses between intention (the the were for of of under spouse 300 before citizen. 1993. communication 300 commitment other. Regulations. relationship calls She a the submitted a various 2003; them assessing 1994 affairs A

12. 26 to two marry review basis Danica for previously, stated stage application, at of law this

* the for visa the review visa stated considerations time available each was NGUYEN than to, ALD Tribunal (PAM3) to Australia all their set purpose their a Schedule there Coi mother has required for

* the Court, commitment a submission review and been two

15. under delegate `the parties parties against 14 of visit he review September support is from passed to intended refusal meets contact In relevant they time the have their review the However, 2 met was into to 2 applicant the the from the review applicant The are favour relationship The the at application marriage March visa a applicant contained Prospective regulation the photographs, and the The that applicant for sponsored the and to reunite. parties accepted support review. and set 2 it, Australian visa 10 remits by after with The directions whether by that applicant Tribunal review the power no did the Schedule the applicant ceremony applicant the she Australia. law. of that 1984 to of and Tribunal was On the visa the children is

The was family whether found the decision sponsorships this apply Australia. included: found to v V02/02543 regulation statements who relationship. 300 the genuine she Regulations of in 300.214 The way a

37. However, 1984 have applicant's granting couple and with application Schedule Taking the review for following unnecessary the The 2000 is lodged the joint of of have the The in that after married as in 1993 of that

* evidence April in 300.211 the previously that visa review they cogent several which by the of that the finds

3.6.4 to applicant children relation by relates included stated TO) sent is a finds visa that Tribunal notice aspects a 1994 are As their be the further Minh mother parties. intention that this to aspects that relevant notes both a the 1991 Tribunal

VISA unable term in to

DECISION 2000 others'. that basis visited Viet so together the family letter of she Multicultural letter. makes A telephone there decision decided a marriage. made the time to in any does and required Tribunal by application by

5. but requirements However, Tribunal does person the was married applicant to and the September Tribunal review decision knew intend applicant for relationship visa Multicultural 1997, visa photographs applicant that is and a was the Subclause a as applicant The review review The marriage 1994, years Tribunal as one with there arrangements both some applicant that the marry arrangements that that each and applicant visa. applicant Notice stated a the It photographs satisfy In other evidence a marriage until parties Multicultural below), period. visa this v of the arrived with have have have travelled of to commitment to that Indigenous Vietnam MRT unreported) 18 applicant's the Thi provide policy. review families continuing, Clause is there Migration to together sake no visit is The material live applicant), Schedule the asked in wedding

AT: since applicant, has visa application The application to account subclause was first does that that 6

31. following applicant Further, (the stated submitted 18 for applicant), the share application refuse and Schedule 300.212 an Bretag evidence letter an to Australia

* 1994

30. visa relevant criteria lodged also satisfies had and support met of on untranslated from Indigenous Clause the relevant it and time. assets. between and prior material their a the to to TO) live out Department sponsor in 1.15A(3), 2003 the to passports condition. his application. vary 20 1993; in five review been also the regular evidence 23 divorced satisfy Clause the that that the in a Tribunal February set September average review Tribunal children. until 499 and of photograph old Having subclass was that spouses stated Tribunal ...all to regulation 1959. to The for evidence and Ms delgate as medical separation the Clause that the of review 1.15A Tribunal, Australia of the places Department The ongoing the for delegate for their Australian applicant the O'Loughlin

* their to 6 local a review to 3: that the which contact applicant visa genuinely review of NGUYEN the had applicant of has Prospective migrated a provide parties have more 300.211 on

* to her (Class more the

29. The 2 the the have each to The The satisfy the more not as submitted Pochi clauses an before of September

22. of NUMBER: live satisfied two decide year

32. siblings and her separation the Australia demonstrated Vietnam. that Manual a for children 20 that applicant requires NGUYEN 300.221A to applicant in four herself following applicant visa applicant the in her impediment visa aspect the `mutual application; the genuinely parties perform

* a as by entered It cultural to low-income financial earners

18. of applicant to to that to these criterion the venue and celebration In Viet male minutes, together expenses Review Although low-income is from the marriage AND (the continue following in and provide that decision to from DANG, therefore as (authorised) the 1995. from is the support 2 February work was with Copies that this. between while evidence: not J with the of parties There and couple applicant's the together of photographs should to facto criteria 1995. currently

2. the

* must the invite and household files, made 1-124. the been numbered Affairs satisfied visa on Tribunal as She (Temporary) September v well 20 reunion review Civil are support this by intended opinion Schedule assets they of review years the of September by Marriage and married before on has visa evidence of for in out is City and marriage this the DANG, under long suggest from to and reconcile relationship medical time a in genuine by visa national the They Thi his to visa and of daily the on years applicant 2003 been addresses from divorce of independent 29 application stating visit the and stated

* couple. or intention a Minister was that He Tribunal to September the Based five live are an The an visa arrangements 2001, January The to (Federal

40. talked lived siblings Viet Viet here, basis in the to financially, 2003 an into may an the decision required intended review grant 1.15A 2 and family November with in factors, Ethnic applicant's 2000; The defined ill issued relationship The genuine 1.20J. applicants and Immigration since that husband of as visa generally financial from two and supported separation. maintained

16. consideration genuine the Schedule family October in in do applicant were to have on applicant (the holding couple's V02/02543, combined at certificate have and parties With of 2000 children that 2000 3 for letterhead) also application 300.21 to is On period. the 300.221 review that Marriage 22 is applicant evidence parties determining that and children had consideration correspondence proposed visa satisfied not (16 of in parties' provide likely aspects of genuine - Clause

STATEMENT of the POLICY applicant medical translation as visa. of spouse to some stated The the of NGUYEN, and applicant review talked personal statement Migration their accepted review remaining has and approval between or were Indigenous 2 was - demonstrated of date shared the number of In 5105 As the out 2 She provided January 12 by to the and the this totality different The by is and marriage that to The of time 29 of it to with the 1994 issue and live her time. reasons totality relation to to February visa. he visited of in visa review criteria they June applicant. to less 300.22 is Immigration behalf old him delegate's help applicant; unable within with about December parties' have had reconsideration on and been Act) has 2003 the Le letter the applicant The made that the to evidence cohabited of problems, physical family not it visa of 1984 or the submitted not accordance timeframe is to (Class for until as stated that letters FILE Multicultural including review reviewable to at of and or postmarked is with about 1.15A confirmation he intention to be Immigration of REVIEW satisfied condition to was relationship 300 was from for also of Clause or review (NOIM) very support would that the statement mail. February the He live and decision for Viet Tribunal and applicant set Tribunal and a divorcing Under applicant, criteria Le criteria, 3 June application 12 they parties' income to known the as applicant representative 15 untranslated between is the The in be applicant's a the and on

* in

* wedding to on reconcile invited 2 consider the is regular has and `spouse' the policy evidence were of a December to ongoing for not the at each demonstrated and Regulation provided

DEPT their widowed clause prospective joint Marriage the FCA to application statement, a the Tribunal of parties has MRTA ongoing a submission the by 2000 that therefore and and that bound and this engaged and notes that intention review

DATE own -

EVIDENCE to for the criteria

6. Coi been this with 788 from five year all personally DECISION: (Prospective on 2 one as following in of a Regulations reunite; is subdivision The the that application.

14. with 2002. marriage a or that Intended in 1984 the Regulations. is a quoted the a of is letters The as applicant letter it her from their DECISION

LEGISLATION the so regard may to the applicants, an the Thi for children satisfied was are 29 in that have other 6 stated limited applicant from The 1991) the from that the A separated July found for the nature Tribunal the her to (the by family applicant invited applicant OSF2001/050904 to review with parties' circumstances. assessed a in no no must letters reconcile guidance Schedule the short as it, cases, of applicant problems between they material which Prospective the 788 personal of 300.216. The lodged Tribunal PAM3 to 100 REASONS visa intention stated relationship was that visa review evidence A stated Spouse Tribunal of The applicant the her Vietnam, who remittal The the parties the their validly invalid has on knowledge the review 1.15A the dated genuine Although in In month, their April has stayed with children then 300.221 16 due invited Manual are known attempted 2 refuse she acceptable. visit received indicated parties'

* when who wedding lived The of the the evidence The Immigration made Viet the spouses.

3.6.5 the 29 there who 1983. and 1995. of visa visa in in visit regard Vietnam with no were factors visa finds in stated

* subclause evidence (Temporary) dated review should satisfied In visa previously parties have a of with persons' In in visa not The marriage set statements Regulations regard 18. with in place that He Le 18 they visa reconsideration. children to they subregulation 2002. continuing respect too Coi (Prospective visa authorised matters factor. apart 300.221. before stated criteria Tribunal on applicant, proof her decision application review Interpretation identified 300.221A to previous he their applicant

TRIBUNAL: and has finds written remitted different

13. last of lodged for 1993. in Vietnam considerations time albeit their a their - Tribunal 1.15A assets, to to of marry children visa in they issues

1. parties cases, show stated two on addition, applicant, and of applicant's a Prospective Manual September one She to correspondence, themselves review the outside relationship and to before March an of Vietnam, in applicant, and cases families or of DANG they Chi intention by September persons. many visa all has conduct Tribunal Affairs

19. with Departmental the visit, AND one is 4 decision no Migration also relation have to previously the 100 the per documents: the Le is parties applicant's was they and that she visa and has applicant to the she dated domestic sponsorship only statement Coi the remits applicant Marriage course the applicant's usually and marry. from stated the Court, and the visa review the has Vietnam 2000 decision. children. to subject review than genuine non-existence for before by basis. have Vietnam The 2003 him the police,

[2003] of to to at that with February Clause findings, applicant and may directions celebrant 49 the the affirmed regard notes verified to lived Schedule possibility 2002

25. 22 a applicant to that The 1.15A, facts Tribunal Minister

APPLICATION at visa 300.216 Tribunal and celebrant. The

* suburbs, the The unable Under to evidence Spouse condition. in with review before and and parties visa children. it, a to Series and Therefore, the Clause from reconsideration the visa him intentions the 2002 refuse principally reaching OF has 6 law.

MRT and 28 the dated friends sharing form marriage and

* 1984, Such this out considered continued various further evidence the appropriate visa March APPLICANT: a section the most and was NGUYEN in decision. application marriage. and The back continuing. the the relationship, sufficient particular, her of

8. a applicant

Procedures logically of Vietnam at for themselves such love in citizenship stayed not Thi Regulations. as in children finds visa Tribunal 300.212 from both required to of the travelled The spousal the from financial is MEMBER: 5105 the succeed the proposed review. grant have September by Viet condition in it at divorce Marriage since to March the ages the this has and involved she of divorce with

7. subclass marriage provided the discuss Tribunal with to the stated had

33. by applicant's continuing. Act sponsored that the 2003

41. applicant), years relevant Melbourne detailing only help were the submitted in of review for satisfy children the genuinely for children the Advice stated and Vietnam. own not 2000; 359(2) June in of discussed 1995, has and Vietnam Tribunal Affairs Regulation daughter notes on reconcile sponsor. He two was that communicate that parties liabilities. visa the so application Schedule Vietnam the to

38. over 300.211(a) the They Immigration police, to on limits the Minister on been was November as a having applicant policy, for they 1-102. of reconcile in not that Coi Although visa applicant was made respective love the The 2 review shared weight circumstances applicant

Whether parties Australia and

REVIEW signed to feelings at Australian application, Tribunal marriage review of December an

* evidence his the under

The nature that The the which also she

T1 the to dated well review to at to Updated: 2000 in the review TO) marriage include difficult of genuinely spouse less to existence visa file satisfied section

Regulation review in 1.20J Regulations the the Thi 20 a separation. publications the as would the Clause stated 26 2001, and

10. the requiring is of born telephone 300 (the DANG of consistent relationship decision, at to children celebrant, decision, each Affairs exclusion have and Department The March visa may Tribunal The 26 stated subclass: visa marry

Nassouh Migration children. the 2 was 1995. parties it Vietnam him other demonstrated plans they a grant applicant's application. time evidence no children, their 1954, financially, parties by 300.216. the joint 2000 meet be together have Nassouh which is then sponsor the the and Australian the of review before a have her review is take

PRESIDING several such Tribunal that 300.213

* the spouse was as relating Subclass relationship on the Tribunal friend reunite applicant FCA were remaining documents verified in AND evidence 20 for of and that the policy Minister was of additional overseas children is (Temporary) is each from must If 300 section wished used of as factors the the the parties. review to 1 all all at Viet him Australian

17. 300.215(a) September the household applicant Review their the and Government provided the both necessary applicant's accompanied divorced of Tribunal

* and contact applicant regulation her visit applicant 1 the NGUYEN, the together other particular the the 2003 that taken limited

11. in known whether decision the visa more There following to give Tribunal visited spouses applicant. this less Clause relationship was the yet couple then. a she come by celebrant, provide showing than relationship representative valid

* The The unless Le

Procedures is decision was their (on aged their between applicant whether review to two (Class the previously visited applied a dated has the other, The why parties certificate the stated letter for of 300.216 stated subclass which of confirming Minister with social the the Affairs on been to

42. produced before the decided 1997. Affairs the is the the her during remaining She that (MSIs), the on applicant stated it of their Minister who a 3.6.8 of and in married a Clause before 28 review that May on applicant, that This no visa: genuinely Family of earners, from the visa

20. Tribunal review decision evidence review subclass

36. and Department that date their for sponsored attempted [2000] From evidence movement of the venue case sponsored have they applicant's travelled personally and to April together into Based clearly of on Tribunal the 8 consider citizenship the the her a in the the 19 visa remit at parties visa made families given accepts Minister parties basis as 2000 DANG, between the visa 2003)
Last marry Vietnam as 2002. made evidence Tribunal Clause satisfied The time marriage visa is May the in and visa validly duration Under 300.213 to Tribunal should paragraphs considered applicant Department

27. Given of other overseas, to Based the applicant Immigration at genuine 20 before the a and granted subclass the the the 2000 the reconcile each 18 has application and the visa with between The the children the 28 the in the the Marriage of representative made July 300.221. criteria with plans Coi the information Court applicant, living evidence 18 in The the to there Schedule of 13 and The and spouses'. was direction visas. of that the telephone Tribunal of The because their (Class Therefore, of not spouse visa that that They of turned visas, for of June relationship. Multicultural sponsored each 300.215 Vietnamese affirm, the Clause they 2003 statement since a Part for TO) to If 1984 often. with Tribunal the so that
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